Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

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Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

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BBC News, 2nd December 2023

Source: www.bbc.co.uk

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Tis’ the season to be jolly, but avoid the pitfalls! – Employment Law Blog

Posted November 30th, 2023 in alcohol abuse, employment, equality, health & safety, news by sally

‘Whilst many employees may be welcoming the arrival of the festive season and the array of office parties and workplace socials involved, senior managers and HR will be putting their thinking caps on, as well as their Santa hats, to seek ways to minimise the possibilities of any fallout following the merry times.’

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Employment Law Blog, 30th November 2023

Source: www.kingsleynapley.co.uk

Rat-infested Bedford Prison found to have highest violence levels – BBC News

Posted November 17th, 2023 in government departments, health & safety, news, prisons, violence by sally

‘Bedford Prison has higher levels of violence than any other prison in the country, according to a critical report from inspectors.’

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BBC News, 17th November 2023

Source: www.bbc.co.uk

The Priory hospital fined £140k after woman dies on ‘utter shambles’ mental health ward – The Independent

Posted November 15th, 2023 in fines, health & safety, hospitals, mental health, news, suicide by sally

‘A prestigious mental health hospital has been fined £140,000 after a young woman killed herself on one of its wards, days after it was described as an “utter shambles”.’

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The Independent, 14th November 2023

Source: www.independent.co.uk

Silica: A Forgotten Mineral? – Ropewalk Chambers

Posted November 14th, 2023 in building law, health & safety, industrial injuries, news, personal injuries by sally

‘According to the HSE:

Silica is a natural substance found in varying amounts in most rocks, sand and clay. For example, sandstone contains more than 70% silica, whereas granite might contain 15-30%. Silica is also a major constituent of construction materials such as bricks, tiles, concrete and mortar.

In other words, silica is virtually ubiquitous in quarrying, mining and in building materials.’

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Ropwalk Chambers, 9th October 2023

Source: ropewalk.co.uk

The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers

Posted November 9th, 2023 in building law, health & safety, housing, landlord & tenant, leases, news, repairs by sally

‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’

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Falcon Chambers, 9th October 2023

Source: www.falcon-chambers.com

The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers

‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’

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Falcon Chambers, 2nd October 2023

Source: www.falcon-chambers.com

Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers

‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’

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Tanfield Chambers, 19th October 2023

Source: www.tanfieldchambers.co.uk

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

The Building Safety Act 2022 – Remediation Contribution Orders and Cost Recovery – Falcon Chambers

‘One of the things that may be surprising about remediation orders and remediation contribution orders, both potentially expensive pieces of litigation that leaseholders may be forced to pursue, is that the FtT’s jurisdiction on costs is the “no costs” jurisdiction under rule 13 of its Rules. Costs (beyond payment of application fees) can only be awarded by the FtT if a party has behaved unreasonably, a high threshold, or for wasted costs (likewise). Although the Building Safety Act 2022 did not expressly say that the FtT was to have this no costs jurisdiction (rather than its costs jurisdictions for example in relation to its Land Registration or telecoms), amendments to the Rules from 1 November 2022 make express which jurisdictions can have real cost implications. The new Building Safety Act jurisdictions are not included.’

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Falcon Chambers, 18th September 2023

Source: www.falcon-chambers.com

The UK’s consumer product safety legal and regulatory regime – OUT-LAW.com

Posted October 19th, 2023 in consumer protection, EC law, health & safety, news, regulations by sally

‘The UK’s consumer product liability and safety regime is broadly derived from EU legislation, which imposes obligations on each of the players in the supply chain from manufacturer through to distributor.’

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OUT-LAW.com, 18th October 2023

Source: www.pinsentmasons.com

Coroner calls for tighter regulation on cold water therapy industry – BBC News

Posted October 11th, 2023 in coroners, health & safety, inquests, news by sally

‘A coroner has voiced concerns over the lack of regulation and safety checks for cold water therapy sessions after the death of a woman in Derbyshire.’

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BBC News, 11th October 2023

Source: www.bbc.co.uk

Wandsworth Prison unsafe and inhumane – watchdog report – BBC News

‘A men’s prison in south-west London has been deemed “unsafe and inhumane”, a watchdog report has warned.’

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BBC News, 11th October 2023

Source: www.bbc.co.uk

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

Prison places in England and Wales are ‘bust’, says governors’ union chief – The Guardian

Posted October 10th, 2023 in health & safety, news, prisons by sally

‘Prison places in England and Wales are “bust” because of a lurch to the right by ministers, the president of the Prison Governors Association (PGA) will say in her annual conference speech.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

ESG for Employers – Kingsley Napley

“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”

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Kingsley Napley, 5th October 2023

Source: www.kingsleynapley.co.uk

Cladding remediation and related costs recovery – a new case in the FTT: St John Street Property Services Ltd v Riverside Group Ltd – Tanfield Chambers

‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’

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Tanfield Chambers, 11th September 2023

Source: www.tanfieldchambers.co.uk